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Template letter for previous occupier's debts
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ceh209
Posts: 877 Forumite


Hi, I've had a search but couldn't find anything suitable. Is there a good template letter for when you're receiving lots of post about a previous tenant's debts? I have just been returning things to sender but getting a bit fed up of it now.
I think its bona-fide, enforceable, non-statute-barred debts, but just not addressed to me. Opened one letter today and they're going to start sending doorstep collectors round so I particularly want to stop that, but also stop the post (I don't have a forwarding address for the debtor)
TIA :T
I think its bona-fide, enforceable, non-statute-barred debts, but just not addressed to me. Opened one letter today and they're going to start sending doorstep collectors round so I particularly want to stop that, but also stop the post (I don't have a forwarding address for the debtor)
TIA :T
Excuse any mis-spelt replies, there's probably a cat sat on the keyboard
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Comments
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Can't help with regards to a template letter but was in a similar situation with a house I sold. Tenants in old house ran up all sorts in my name :eek::eek: and this was after I'd had my post re-directed for a year - had threats of bailiffs and all sorts. What helped in the end was a letter from my solicitor confirming the date I sold the house. Some of them were still a bit tenacious tho.
In your case (if you're a tennant) maybe official correspondence from the EA/landlord confirming when your tennancy began?
And I don't think you're legally allowed to open post addressed to someone else... although I did.
Good luck, tis an absolute nightmare position to be in
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Just send it back again, all you can do no template will stop it0
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You are allowed to open someone elses post, only when it is not to their detriment. You have no forwarding address and are doing return to sender, as such you can open the mail but maynot take any cash/cheques intended etc. for them.
In this case you could open the post and ring the companies stating the person does not live here.
What i did was after 6 months return to sender, is i wrote on a big explaination the person has not lived here as the previous tenant in over 18 months, and they stopped sending me mail.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
I've been writing that the person has not lived here since May 2009 for the whole of the year since I moved in last June but still the letters keep coming. I opened one this week from Roxburge DCA, who are threatening to come round within 72 hours. I've heard Roxburge are one of the least pleasant kinds of DCA and I'm a somewhat fragile person living alone- this is all a bit of a nightmare.
The most annoying thing is the couple who lived here before keep in touch with one of the neighbours, the two women are together practically every day, and I am absolutly certain the neighbour knows the new address and wont give it to me. Neighbour tries to insist I should drop the post round to hers for forwarding. I did that for a month, but after that it was becomming clear from the logo's on envelopes that most of it was dodged bills and so started returning to sender on the logic that the last tennants will know by now who they had accounts with or not! Returning to sender hasn't worked.
Enough is enough now. I'm going to write my own letter. I've read the template letter for refusing a DCA permission to visit (for a debt in your own name) and it says something about English common law allowing it and that you're removing that assumed right, so I'll be putting that bit in for sure. As I understand it after that is said they can't visit the house.
I think I might put what I write up here to get some feedback before I send it too.I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
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First attempt, feedback appretiated please....The Occupier
Dear Sirs,
Account No: XXXXXXXX Relating to COLOR=#ff6600]former tenant[/COLOR
I have noted your repeated attempts to contact COLOR=#ff6600]previous tenant[/COLOR over the past 12 months and until now these have all been returned to sender, marked as “Not Known At This Address”. This fact having not been respected by yourselves and a great deal of unnecessary worry having been caused to me as a result, I have now claimed my right to open these letters and respond to them myself.
I am not COLOR=#ff6600]previous tenant[/COLOR, nor am I COLOR=#ff6600]previous tenants new husband[/COLOR, COLOR=#ff6600]previous tenant by her former name[/COLOR or COLOR=#ff6600]previous tenant’s late first husband- now deceased[/COLOR, all of whom would appear to be financially connected to each other.
None of those named above live at this address, they have not lived at this address since at least COLOR=#ff6600]date I moved in[/COLOR. None of these people are known to me. None of these people have left a forwarding address. I have informed you of this fact on numerous occasions by the returning of post for the persons named above to its sender with appropriate explanatory notes added.
Please be advised that I will not communicate with you further directly. If you persist in causing me vicarious harassment I will not hesitate in furthering this matter with the appropriate authorities including, but not limited to, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.
Should it be your intention to arrange a doorstep visit to any of the persons named above, please be advised that under OFT rules, you can only visit me at my home if you make an appointment. I have no wish to make such an appointment with you.
There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit either me or my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
I wish that to be an end to the matter, however should it not be I reserve the right to take whatever necessary steps to remove this ongoing harassment and source of great concern from my life.
Yours faithfully
The Current Occupier. [no name]I refuse to be afraid of the big bad wolf, spiders, or debt collection agencies; one of them's not real and the other two are powerless without my fear.
(Ok, one of them is powerless, spiders can be nasty.)
As of the last count I have cleared [STRIKE]23.16%[/STRIKE] 22.49% of my debt.
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First attempt, feedback appretiated please....With this letter we return correspondence from yourselves to a previous resident at the above address. You are advised that your addressee has not resided here since <date> at the latest. This can be verified from the electoral roll. We therefore request that you update your records accordingly and send no further correspondence to this address for your addressee.
Understandably, if accounts remain outstanding, you may ultimately wish to put recovery action in hand, however we regret to advise you that we have not been given forwarding addresses. We trust that if you or third parties seek to enforce your rights, you would inform them fully of the content of this letter. In particular, any visit to this address will be treated as trespass and as an instance of unwanted contact towards a possible complaint of harrassment
Please note that any further correspondence to the previous resident at this address from yourselves or from third parties acting on your behalf may be retained and will not be returned. We hope you will accept that we have no further responsibilities in this matter.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
also just print name DONT sign it0
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Debt collectors will see signatures and forge documents, its not that common but it does happen. Over at CAG forums a sister wrote a reply for a brother, and the brother received a credit agreement with the sisters signature!Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
I went for a combination of the 'prove it' letter, and the one to remove a DCA's permission to come to your property, here's my attempt:Dear Sirs,
Account no: XXXXXXXXXXX
You have contacted this address regarding the account with the above reference number, which you claim is owed by Miss XXXXXX, resident at this address. I would point out that I have no knowledge of any such debt being owed to XXXXXXXX. Miss XXXXXXXX is not known to me. I have been resident at this address since [date], and request that you remove this address from your records and do not send any further communications in writing, except as written acknowledgment that this matter is now closed.
Should it be your intention to arrange a doorstep visit, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.
There is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.
Yours faithfully,
ceh209Excuse any mis-spelt replies, there's probably a cat sat on the keyboard0
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